[Congressional Record Volume 144, Number 64 (Tuesday, May 19, 1998)]
[House]
[Pages H3450-H3452]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1912

  Mr. DINGELL, Mr. MORAN of Virginia and Mrs. ROUKEMA changed their 
vote from ``no'' to ``aye.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.


                    AMENDMENT OFFERED BY MR. BECERRA

  The CHAIRMAN pro tempore. The pending business is the demand for a 
recorded vote on the amendment offered by the gentleman from California 
(Mr. Becerra) on which further proceedings were postponed and on which 
the noes prevailed by voice vote.
  The Clerk will designate the amendment.
  The Clerk designated the amendment.


                             Recorded Vote

  The CHAIRMAN pro tempore. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 180, 
noes 231, not voting 21, as follows:

                             [Roll No. 159]

                               AYES--180

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baldacci
     Barcia
     Barrett (WI)
     Becerra
     Bentsen
     Berman
     Bilbray
     Bishop
     Blagojevich
     Blumenauer
     Bonior
     Borski
     Boucher
     Brown (CA)
     Brown (FL)
     Brown (OH)
     Capps
     Cardin
     Carson
     Chenoweth
     Clayton
     Clement
     Clyburn
     Conyers
     Costello
     Coyne
     Cummings
     Davis (FL)
     Davis (IL)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Deutsch
     Dicks
     Dingell
     Dixon
     Doggett
     Dooley
     Doyle
     Edwards
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Fazio
     Filner
     Forbes
     Ford
     Fox
     Frank (MA)
     Frost
     Furse
     Gejdenson
     Gephardt
     Gordon
     Green
     Gutierrez
     Hall (OH)
     Hastings (FL)
     Hefner
     Hilliard
     Hinchey
     Hinojosa
     Holden
     Hooley
     Hoyer
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (WI)
     Johnson, E. B.
     Kanjorski
     Kaptur
     Kennedy (MA)
     Kennedy (RI)
     Kennelly
     Kildee
     Kilpatrick
     Kind (WI)
     Kleczka
     Klink
     Kucinich
     LaFalce
     Lampson
     Lantos
     Lee
     Levin
     Lewis (GA)
     Lofgren
     Lowey
     Luther
     Maloney (CT)
     Maloney (NY)
     Manton
     Markey
     Martinez
     Mascara
     Matsui
     McCarthy (MO)
     McDermott
     McGovern
     McHale
     McKinney
     Meehan
     Meek (FL)
     Menendez
     Millender-McDonald
     Miller (CA)
     Minge
     Mink
     Moakley
     Mollohan
     Morella
     Murtha
     Nadler
     Neal
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Pomeroy
     Poshard
     Price (NC)
     Rahall
     Rangel
     Reyes
     Rivers
     Rodriguez
     Rothman
     Roybal-Allard
     Rush
     Sabo
     Sanchez
     Sanders
     Sandlin
     Sawyer
     Scott
     Serrano
     Shays
     Sisisky
     Skelton
     Slaughter
     Smith, Adam
     Spratt
     Stabenow
     Stark
     Stokes
     Strickland
     Stupak
     Tauscher
     Taylor (MS)
     Thompson
     Thurman
     Tierney
     Torres
     Towns
     Velazquez
     Vento
     Visclosky
     Waters
     Watt (NC)
     Waxman
     Wexler
     Weygand
     Wise
     Woolsey
     Wynn
     Yates

                               NOES--231

     Aderholt
     Archer
     Armey
     Bachus
     Baker
     Ballenger
     Barr
     Barrett (NE)
     Bartlett
     Barton
     Bass
     Bereuter
     Berry
     Bilirakis
     Bliley
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bono
     Boswell
     Boyd
     Brady
     Bryant
     Bunning
     Burr
     Burton
     Buyer
     Callahan
     Calvert
     Camp
     Campbell
     Canady
     Cannon
     Castle
     Chabot
     Chambliss
     Christensen
     Coble
     Coburn
     Collins
     Combest
     Condit
     Cook
     Cooksey
     Cox
     Cramer
     Crapo
     Cubin
     Cunningham
     Danner
     Davis (VA)
     Deal
     DeLay
     Diaz-Balart
     Dickey
     Doolittle
     Dreier
     Duncan
     Dunn
     Ehlers
     Ehrlich
     Emerson
     English
     Ensign
     Everett
     Fawell
     Foley
     Fossella
     Fowler
     Franks (NJ)
     Frelinghuysen
     Gallegly
     Gekas
     Gibbons
     Gilchrest
     Gillmor
     Gilman
     Goode
     Goodlatte
     Goss
     Graham
     Granger
     Gutknecht
     Hall (TX)
     Hamilton
     Hansen
     Hastert
     Hastings (WA)
     Hayworth
     Hefley
     Herger
     Hill
     Hilleary
     Hobson
     Hoekstra
     Horn
     Hostettler
     Houghton
     Hulshof
     Hunter
     Hutchinson
     Hyde
     Inglis
     Istook
     Jenkins
     John
     Johnson (CT)
     Johnson, Sam
     Jones
     Kasich
     Kelly
     Kim
     King (NY)
     Kingston
     Klug
     Knollenberg
     Kolbe
     LaHood
     Largent
     Latham
     LaTourette
     Lazio
     Leach
     Lewis (CA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lucas
     Manzullo
     McCarthy (NY)
     McCollum
     McCrery
     McDade
     McHugh
     McInnis
     McIntosh
     McIntyre
     McKeon
     Metcalf
     Mica
     Moran (KS)
     Moran (VA)
     Myrick
     Nethercutt
     Neumann
     Ney
     Northup
     Norwood
     Nussle
     Oxley
     Packard
     Pappas
     Parker
     Paul
     Pease
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pickett
     Pitts
     Pombo
     Porter
     Portman
     Pryce (OH)
     Quinn
     Radanovich
     Ramstad
     Redmond
     Regula
     Riggs
     Riley
     Roemer
     Rogers
     Rohrabacher
     Ros-Lehtinen
     Roukema
     Royce
     Salmon
     Sanford
     Saxton
     Scarborough
     Schaefer, Dan
     Schaffer, Bob
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Sherman
     Shimkus
     Skeen
     Smith (MI)
     Smith (NJ)
     Smith (OR)
     Smith (TX)
     Smith, Linda
     Snowbarger
     Snyder
     Solomon
     Souder
     Spence
     Stearns
     Stenholm
     Stump
     Sununu
     Talent
     Tanner
     Tauzin
     Taylor (NC)
     Thomas
     Thornberry
     Thune
     Tiahrt
     Traficant
     Turner
     Upton
     Walsh
     Wamp
     Watkins
     Watts (OK)
     Weldon (FL)
     Weldon (PA)
     Weller
     White
     Whitfield
     Wicker
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--21

     Baesler
     Bateman
     Clay
     Crane
     Ewing
     Fattah
     Ganske
     Gonzalez
     Goodling
     Greenwood
     Harman
     Livingston
     McNulty
     Meeks (NY)
     Miller (FL)
     Paxon
     Rogan
     Ryun
     Schumer
     Shuster
     Skaggs

                              {time}  1920

  Mr. GORDON changed his vote from ``no'' to ``aye.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.


                          personal explanation

  Mr. ROGAN. Mr. Chairman, on rollcall Nos. 156, 157, 158, 159 I was 
unavoidably detained. Had I been present, I would have voted ``no.''
  Mr. GEPHARDT. Mr. Chairman, I rise in opposition to H.R. 3534.
  I agree with the objective of this legislation--which is to ensure 
that Congress fully considers the costs of legislation to the private 
sector prior to voting on that legislation.
  But once again, House Republican leaders have hijacked a common sense 
objective--and turned it into a stealth attack on our laws to protect 
public health and the environment.
  This bill establishes a procedural obstacle--a point of order--
against Congressional action on a whole host of issues critical to the 
American people--from future increases in the minimum wage to broader 
patient protections for patients in managed care plans to the Senate-
passed IRS reform legislation.

[[Page H3451]]

  And it doesn't deliver relief from all private-sector mandates. The 
bill's protection from mandates is in fact arbitrary and inconsistent.
  For example, assume that Congress extends the Superfund tax on big 
companies. If the bill used these revenues to clean up toxic waste 
sites--the very purpose of this tax--the bill would face a point of 
order under H.R. 3534. But if the bill used all the revenues to provide 
tax breaks to wealthy special interests, there would be no point of 
order. In both cases a private sector mandate is imposed--but in only 
one case is that mandate subject to review.
  Make no mistake about it. If this legislation, as the Republicans 
have amended it, were to become law, it would enact a procedural 
obstacle to programs that command bipartisan support--the highway bill, 
our toxic waste cleanup program, our airport and airline safety 
programs, and legislation to reduce underage teen smoking, to name just 
a few.
  In short, this bill gives House Republican leaders a procedural 
device to kill important health and environmental proposals without 
directly voting against them. It's all part of the Republican Congress' 
stealth agenda: to look for ways to weaken our health and environmental 
laws without the glare of publicity.
  Instead of attacking our environmental laws, we should be protecting 
them. And instead of sneak attacks mounted by Republican Leaders under 
cover of darkness, we should be debating all riders freely and openly.
  That is why I have cosponsored Congressman Waxman's Defense of the 
Environment Amendment. This amendment simply requires a separate vote 
on all legislative riders that weaken our environmental laws. If we are 
going to insist upon a careful analysis of the costs of legislation to 
the private sector, we should do no less for the environment.
  Over the past four years, the House Republican leadership has 
repeatedly weakened our environmental laws by attaching legislative 
riders--often in the dark of night and with little debate--on high-
priority spending bills.
  Americans want healthy forests. But Republicans have used special-
interest riders to clear-cut our forests and to undermine the 
protection of endangered species.
  Americans want our toxic waste sites cleaned up. But Republicans have 
used riders to stall our toxic waste cleanup program.
  And Americans want to reduce oil import dependence and the risk of 
global climate change. But Republicans have used riders to block new 
energy efficiency standards.
  In the recent supplemental spending bill, Republican riders gave out 
special subsidies for the oil and gas industry and launched additional 
assaults on our public lands.
  The Defense of the Environment amendment will give us a better chance 
to reign in these extremist attacks on the environment. It deserves 
approval. I urge your support.
  Mr. STENHOLM. Mr. Chairman, I rise in strong support of H.R. 3534, 
the Mandates Information Act. This bill extends to the private sector 
comparable procedural limitations currently placed on legislation 
imposing unfunded federal mandates on state or local governments.
  Small businesses are the backbone of the economy in my District and, 
in fact, across the country. It always has been my practice to take the 
impact on small businesses into account when legislation is being 
considered, and it is for this reason that I support this bill.
  The bill before us requires Congressional committees to include in 
their legislative reports detailed information on potential private 
sector mandates in excess of $100 million that would result from the 
legislation. H.R. 3534 also requires that the Committee reports provide 
information on a proposed bill's effect on consumer prices and the 
supply of goods and services in consumer markets, as well as on matters 
relating to workers.
  Those of us supporting this bill dare not oversell its merits. H.R. 
3534 will not end private sector mandates. What it will do is force 
Congress to honestly examine and make public the consequences of its 
actions, considering the effects of mandates on consumers, workers and 
small businesses. Congress would fully retain its right to pass 
whatever legislation it chooses. There easily could be instances in 
which Congress determines that the benefit of the regulation is worth 
its cost. This measure would simply force Congress to reveal and 
consider more complete information about the policies we approve.
  I do want to mention one reservation I have about the bill before us. 
The current legislation states that points of order would not be 
permitted against bills that have net decreases in tax revenues over 
five years, even if the measure includes a tax increase. This provision 
assumes that the mix of tax provisions resulting in a decrease in 
revenues automatically will be a net positive for businesses, workers 
and consumers. There is absolutely no reason for such an assumption. 
This provision places tax cutting of any sort above all other 
priorities, including reducing business' regulatory burdens, 
maintaining a balanced budget, or a wide array of other priorities 
which could be expressed through certain tax cuts. While I trust the 
good intentions of the author of this language, I believe that those 
supporting this language are looking at this issue from a narrow 
perspective which ignores unintended consequences these supporters 
would not appreciate.
  Reducing the burdens imposed on small business by the federal 
government is one of my highest priorities in Congress. I will continue 
to do whatever I can to encourage and promote a business climate which 
is conducive to maintaining and expanding small business opportunities. 
Enactment of this legislation will assist me and other Representatives 
in this effort.
  Mr. HALL of Texas. Mr. Chairman, I am pleased to rise today in 
support of H.R. 3534, the Mandates Information Act. This bill directs 
Members of Congress, for the first time, to carefully consider the 
burden that unfunded mandates impose on the groups they intend to 
help--small businesses, consumers and employees.
  Mr. Chairman, H.R. 3534 is very simply a common sense bipartisan 
effort to ensure that policy-makers focus their attention on the costs 
of legislation on the private sector before it is passed.
  In 1995, with the passage of the Unfunded Mandates Act, Congress 
addressed the significant problem that federal government mandates have 
on the operation of state and local governments. These mandates create 
equally burdensome problems on those in the private sector, especially 
the small business owner. H.R. 3534 will remedy the problem of federal 
mandates on our nation's small businesses and their employees by taking 
the reforms of the Unfunded Mandates Act of 1995 and applying them to 
the private sector. It is the next logical step in an effort to ensure 
our government accomplishes its public policy initiatives in the most 
cost effective manner.
  Mr. Chairman, I believe that this bill makes good sense for the 
federal government, for industry and for every American citizen trying 
to create a better way of life for themselves and their families--I 
urge my colleagues to support this legislation.
  The CHAIRMAN. Are there other amendments to the bill?
  If not, under the rule, the Committee rises.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Riggs) having assumed the chair, Mr. Gillmor, Chairman pro tempore of 
the Committee of the Whole House on the State of the Union, reported 
that that Committee, having had under consideration the bill (H.R. 
3534) to improve congressional deliberation on proposed Federal private 
sector mandates, and for other purposes, pursuant to House Resolution 
426, he reported the bill, as amended, back to the House with further 
sundry amendments adopted by the Committee of the Whole.
  The SPEAKER pro tempore. Under the rule, the previous question is 
ordered.
  Is a separate vote demanded on any amendment? If not, the Chair will 
put them en gros.
  The amendments were agreed to.
  The SPEAKER pro tempore. The question is on the engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.
  The SPEAKER pro tempore. The question is on the passage of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Mr. MOAKLEY. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 279, 
noes 132, not voting 21, as follows:

                             [Roll No. 160]

                               AYES--279

     Aderholt
     Archer
     Armey
     Bachus
     Baker
     Ballenger
     Barcia
     Barr
     Barrett (NE)
     Bartlett
     Barton
     Bass
     Bentsen
     Bereuter
     Berry
     Bilirakis
     Bishop
     Bliley
     Blunt
     Boehner
     Bonilla
     Bono
     Boswell
     Boyd
     Brady
     Bryant
     Bunning
     Burr
     Burton
     Callahan
     Calvert
     Camp
     Campbell
     Canady
     Cannon
     Capps
     Castle
     Chabot
     Chambliss
     Chenoweth
     Christensen
     Clayton
     Clement
     Coble
     Coburn
     Collins
     Combest
     Condit
     Cook
     Cooksey
     Costello
     Cox
     Cramer
     Crapo
     Cubin
     Cunningham
     Danner
     Davis (FL)
     Davis (VA)
     Deal
     DeLay
     Dickey
     Dooley
     Doolittle
     Doyle
     Dreier
     Duncan
     Dunn
     Edwards
     Ehlers
     Ehrlich
     Emerson
     English
     Ensign
     Etheridge

[[Page H3452]]


     Everett
     Fawell
     Fazio
     Foley
     Ford
     Fossella
     Fowler
     Fox
     Franks (NJ)
     Frelinghuysen
     Frost
     Gallegly
     Gekas
     Gibbons
     Gillmor
     Gilman
     Goode
     Goodlatte
     Gordon
     Goss
     Graham
     Granger
     Green
     Gutknecht
     Hall (OH)
     Hall (TX)
     Hamilton
     Hansen
     Hastert
     Hastings (WA)
     Hayworth
     Hefley
     Herger
     Hill
     Hilleary
     Hinojosa
     Hobson
     Hoekstra
     Holden
     Hooley
     Horn
     Hostettler
     Houghton
     Hulshof
     Hunter
     Hutchinson
     Hyde
     Inglis
     Istook
     Jenkins
     John
     Johnson (CT)
     Johnson (WI)
     Johnson, Sam
     Jones
     Kasich
     Kelly
     Kildee
     Kim
     Kind (WI)
     King (NY)
     Kingston
     Kleczka
     Klug
     Knollenberg
     Kolbe
     LaFalce
     LaHood
     Largent
     Latham
     LaTourette
     Lazio
     Leach
     Lewis (CA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lofgren
     Lucas
     Luther
     Maloney (CT)
     Manzullo
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McCrery
     McDade
     McHugh
     McIntosh
     McIntyre
     McKeon
     Metcalf
     Mica
     Miller (FL)
     Minge
     Moran (KS)
     Moran (VA)
     Murtha
     Myrick
     Nethercutt
     Neumann
     Ney
     Northup
     Norwood
     Nussle
     Ortiz
     Oxley
     Packard
     Pappas
     Parker
     Paul
     Pease
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pickett
     Pitts
     Pombo
     Pomeroy
     Porter
     Portman
     Poshard
     Price (NC)
     Pryce (OH)
     Quinn
     Radanovich
     Ramstad
     Redmond
     Regula
     Reyes
     Riggs
     Riley
     Rivers
     Rodriguez
     Roemer
     Rogan
     Rogers
     Rohrabacher
     Roukema
     Royce
     Salmon
     Sanchez
     Sandlin
     Sanford
     Scarborough
     Schaefer, Dan
     Schaffer, Bob
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Sherman
     Shimkus
     Sisisky
     Skeen
     Skelton
     Smith (MI)
     Smith (NJ)
     Smith (OR)
     Smith (TX)
     Smith, Adam
     Smith, Linda
     Snowbarger
     Snyder
     Solomon
     Souder
     Spence
     Spratt
     Stabenow
     Stearns
     Stenholm
     Strickland
     Stump
     Sununu
     Talent
     Tanner
     Tauscher
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Thomas
     Thornberry
     Thune
     Thurman
     Tiahrt
     Traficant
     Turner
     Upton
     Walsh
     Wamp
     Watkins
     Watts (OK)
     Weldon (FL)
     Weldon (PA)
     Weller
     Weygand
     White
     Whitfield
     Wicker
     Wolf
     Young (AK)
     Young (FL)

                               NOES--132

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baldacci
     Barrett (WI)
     Becerra
     Berman
     Bilbray
     Blagojevich
     Blumenauer
     Boehlert
     Bonior
     Borski
     Boucher
     Brown (CA)
     Brown (FL)
     Brown (OH)
     Cardin
     Carson
     Clyburn
     Conyers
     Coyne
     Cummings
     Davis (IL)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Deutsch
     Diaz-Balart
     Dicks
     Dingell
     Dixon
     Doggett
     Engel
     Eshoo
     Evans
     Farr
     Filner
     Forbes
     Frank (MA)
     Furse
     Gejdenson
     Gephardt
     Gilchrest
     Gutierrez
     Hastings (FL)
     Hefner
     Hilliard
     Hinchey
     Hoyer
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson, E. B.
     Kanjorski
     Kaptur
     Kennedy (MA)
     Kennedy (RI)
     Kennelly
     Kilpatrick
     Klink
     Kucinich
     Lampson
     Lantos
     Lee
     Levin
     Lewis (GA)
     Lowey
     Maloney (NY)
     Manton
     Markey
     Martinez
     Mascara
     Matsui
     McDermott
     McGovern
     McHale
     McKinney
     Meehan
     Meek (FL)
     Menendez
     Millender-McDonald
     Miller (CA)
     Mink
     Moakley
     Mollohan
     Morella
     Nadler
     Neal
     Oberstar
     Obey
     Olver
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Rahall
     Rangel
     Ros-Lehtinen
     Rothman
     Roybal-Allard
     Rush
     Sabo
     Sanders
     Sawyer
     Saxton
     Scott
     Serrano
     Shays
     Slaughter
     Stark
     Stokes
     Stupak
     Thompson
     Tierney
     Torres
     Towns
     Velazquez
     Vento
     Visclosky
     Waters
     Watt (NC)
     Waxman
     Wexler
     Wise
     Woolsey
     Wynn
     Yates

                             NOT VOTING--21

     Baesler
     Bateman
     Buyer
     Clay
     Crane
     Ewing
     Fattah
     Ganske
     Gonzalez
     Goodling
     Greenwood
     Harman
     Livingston
     McInnis
     McNulty
     Meeks (NY)
     Paxon
     Ryun
     Schumer
     Shuster
     Skaggs

                              {time}  1940

  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________